Burial Rites and International Humanitarian Law in Indian Illegally Occupied Jammu & Kashmir (IIOJK)

Death is an anticipated outcome of war and those who die during an armed conflict, combatant and civilian alike, remain protected by IHL. The laws of armed conflict allow for the burial of those killed during an armed conflict in accordance with their religious rites. There is an understanding that wars render religious faith indispensable in dealing with the suffering and loss associated with conflicts. The comfort of a traditional religious burial at such a time is considerable and plays a role in restoration and healing for societies torn apart by war. Since April 2020, Indian authorities have been burying individuals killed during the occupation in unmarked graves, denying their families the right to give them an Islamic funeral. While the official position is that the bodies are not being handed over due to the coronavirus outbreak, it is clear that the real reason is to prevent protests and unrest at the funerals. There is no question that funerals in politicised communities can become important sites for organised resistance, for instance, political funerals during Apartheid in South Africa served as a scene for calls to action. However, in failing to return the remains of the deceased civilians, India appears to be engaging in a systematic effort to subject them to symbolic indignity in death, and to collectively punish and stigmatise their remaining relatives. It is also acting in violation of international humanitarian law. __________Editorial note: This paper was sponsored by the Research Society of International Law (RSIL), an International Law and Public Policy think tank based in Pakistan. The paper can be accessed on RSIL's website at: https://rsilpak.org/2021/burial-rites-and-ihl-in-indian-illegally-occupied-jammu-kashmir/